Roadside Check in France are still carried out under the old rules.
From February 2nd 2022 the European Commission provided EU transport companies with a new portal where all European transport operators that operate cross-trade and cabotage are required to register their drivers in this European platform IMI before the transport operation starts. This obligation is set out in the new Directive revising enforcement requirements and laying down rules on posting of drivers called “Lex Specialis” part of the Mobility Package.
This means, among other things, that carriers have no longer to notify drivers for posting via national systems, i.e., the French SIPSI, the Belgian LIMOSA, the German MILOG or the Nederland’s MELDLOKET (except some exceptions).
How roadside check looks like in practice, in France?
In practice, the situation is not very clear, the control authorities in France are not fully aware of the new changes, or do not have readers and applications for the QR codes contained in the posting declarations that drivers receive from their employers. It happens that the controllers themselves are not informed about the new posting rules and still require the “old” certificate Macron when they should require the new obligatory IMI posting declaration.
There are still many calls from carriers, asking for help due to the fact that police and “gendarmerie” are still requesting foreign drivers to present the “old “certificate Macron on the road.
In these circumstances, European Commission clarify rules referred to the existing national websites (e.g., SIPSI, MILOG, MELDLOKET) explaining that EU Portal for road transport posting declarations (RTPD portal) becomes the ONLY obligatory system that operators must use to send declarations when posting drivers to any EU Member State and the UK, as of 2 February 2022. 1
The national websites of the posting notification such as SIPSI, MILOG, LIMOSA, MELDLOKET, UTIK, LSDB should no longer be used after 2 February 2022 when it comes to posting of drivers in road transport which fall within the scope of Directive 2020/1057 (except some exceptions).
So much theory, but in reality, it seems that the gendarmerie wants to control in the old way and threatens with penalties.
For this reason, we are advising our carriers that there are still cases in which the carrier should have a Macron certificate. This refers to other cases, NOT covered by the new posting rules for posting drivers in the road transport sector, called also lex specialis. These other cases namely apply to use of temporary employment agencies based outside France to employ the driver, whether or not the user company is established in France or applies also to intra-group posting module. (articles L. 1331-1 and following of the French transport code).
Should the carriers continue using SIPSI portal in France for posting road transport drivers?
With regard to these two legal frameworks described and transport companies established in third countries, these cases listed above need to be registered in the SIPSI system and appoint a representative on French territory responsible for liaising with the agents responsible for inspections (during and up to 18 months after the end of the transport service).
In accordance with Art. L1331-1 of the French Transport Code, modified on 8 October 2021, states that transport company shall continue to register posted drivers in SIPSI using light commercial vehicles not equipped with a tachograph and in result, not being subject to Regulation 561/2006.
This means, that in case of transport operations carried out by LCVs transport companies need to register drivers in SIPSI and appoint a representative in France.
1. Q&A-posting-of-drivers (2).pdf